2017.06.13 CC Agenda C - Laserfiche WebLink

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499366v1 DTA NE136-8 3 5.04. The Inspector shall be responsible for maintenance of any required and appropriate certification and continuing education as required for building inspectors under the laws of the State of Minnesota. The Inspector shall be responsible for supplying any all technical manuals and reference materials needed to perform the Authorized Services. 6. INDEMNIFICATION. To the fullest extent permitted by law, the Inspector, and its successors or assigns, agrees to protect, defend, save, and hold harmless the City, its officials, agents, and employees from all claims, suits, or actions of any kind, nature, or character, and the costs, disbursements, and expenses of defending the same including, but not limited to, attorneys’ fees, professional services, and other technical, administrative, or professional assistance resulting from or arising out of the alleged negligence, breach of contract, or willful misconduct of the Inspector, its subcontractors, agents, or employees related to or arising out of the performance of, or failure to perform, the Inspector’s obligations under this Agreement. Nothing herein shall be construed as a limitation on or waiver of any immunities or limitations on liability otherwise available to the City. 7. CITY SOFTWARE. Throughout the term of this Agreement, the City may provide the Inspector with access to its BS&A building inspection management software (the “BS&A Software”). The Inspector may access and utilize the BS&A Software on its own personal computing device (tablet or other compatible device) and shall only use the BS&A Software when reasonably necessary to complete any of the Authorized Services. Upon the termination of this Agreement, the Inspector agrees to fully relinquish its right and ability to access the BS&A Software and shall immediately remove the BS&A Software from any and all of its personal computing devices that were used to access the BS&A Software. 8. FILES AND RECORDS. All files and original copies of inspection reports, plans and other documents acquired by the Inspector in connection with its provision of Authorized Services under this Agreement shall be provided to City staff and stored at City offices. 9. ASSIGNMENT. The Inspector may not assign this Agreement or procure the services of another individual or company to provide the Authorized Services under this Agreement without first obtaining the express written consent of the City. 10. ENTIRE AGREEMENT; AMENDMENTS.